WES MOORE, Governor Ch. 928
– 1 –
Chapter 928
(House Bill 531)
AN ACT concerning
Correctional Services – Parole Supervision Fees and Drug and Alcohol Abuse
Test Payment – Repeal
FOR the purpose of repealing the requirement for the Maryland Parole Commission to
assess a fee against an individual on parole and supervised by the Division of Parole
and Probation under certain circumstances; repealing authorization for the Division
of Parole and Probation to require a supervisee of the Division who is on parole to
pay for certain drug or alcohol abuse testing under certain circumstances; and
generally relating to parole supervision fees and drug and alcohol abuse test
payment.
BY repealing
Article – Correctional Services
Section 7–702
Annotated Code of Maryland
(2017 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
[7–702.
(a) In this section, “supervisee” means an individual supervised by the Division
of Parole and Probation for the Commission.
(b) Unless a supervisee is exempted by the Commission under subsection (d) of
this section, the Commission shall assess a monthly fee of $50 as a condition of supervision
for each supervisee.
(c) (1) The fee assessed under subsection (b) of this section shall be paid to the
Division of Parole and Probation.
(2) The Division of Parole and Probation shall pay all money collected
under this section into the General Fund of the State.
(d) The Commission may exempt a supervisee wholly or partly from the fee
assessed under subsection (b) of this section if:
Ch. 928 2024 LAWS OF MARYLAND
– 2 –
(1) the supervisee has diligently attempted but has been unable to obtain
employment that provides sufficient income for the supervisee to pay the fee;
(2) (i) the supervisee is a student in a school, college, or university or is
enrolled in a course of vocational or technical training designed to prepare the supervisee
for gainful employment; and
(ii) the institution in which the supervisee is enrolled supplies
certification of student status to the Commission;
(3) the supervisee has a disability that limits possible employment, as
determined by a physical or psychological examination that the Commission accepts or
orders;
(4) the supervisee is responsible for the support of dependents and the
payment of the fee constitutes an undue hardship on the supervisee; or
(5) other extenuating circumstances exist.
(e) The fee assessed under subsection (b) of this section is in addition to court
costs and fines.
(f) (1) If a supervisee does not comply with the fee requirement:
(i) the Division of Parole and Probation shall notify the Commission;
and
(ii) the Commission may revoke parole or mandatory supervision.
(2) The Commission shall conduct a hearing to determine if there are
sufficient grounds to find the supervisee in violation of the fee requirement.
(3) At a hearing under this subsection, the Commission may consider:
(i) any material change in the supervisee’s financial status;
(ii) good faith efforts of the supervisee to pay the fee; and
(iii) alternative means to assure payment of the fee before the period
of supervision ends.
(g) (1) In addition to the fee assessed under subsection (b) of this section, the
Division of Parole and Probation may require a supervisee to pay for drug or alcohol abuse
testing that the Commission orders.
WES MOORE, Governor Ch. 928
– 3 –
(2) If a supervisee fails to pay for drug or alcohol abuse testing as required
by the Division of Parole and Probation, the Commission may revoke parole or mandatory
supervision.
(3) If the Division of Parole and Probation determines that any of the
criteria specified in subsection (d) of this section are applicable, the Division may exempt a
supervisee wholly or partly from a payment for drug or alcohol abuse testing.
(h) The Division of Parole and Probation shall:
(1) adopt guidelines for collecting the supervision fee;
(2) adopt guidelines for collecting the cost of drug and alcohol abuse
testing; and
(3) investigate requests for an exemption from payment if the Commission
requests an investigation.
(i) The Division of Parole and Probation shall:
(1) keep records of all payments by each supervisee; and
(2) report delinquencies to the Commission.
(j) On release of a supervisee, the Department and the appropriate local
detention center shall provide the supervisee with an oral and a written notice that:
(1) states the criteria listed in subsection (d) of this section that the
Commission may use in determining whether to exempt a supervisee from the supervision
fee assessed under subsection (b) of this section; and
(2) explains the process of applying for an exemption from the supervision
fee.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.